Common use of Step 4 - Arbitration Clause in Contracts

Step 4 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within fifteen (15) calendar days following the date of the Hospital Administrator’s or designee’s response. Within seven (7) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

Step 4 - Arbitration. If a) After having exhausted the grievance is not settled on Grievance Procedure in Steps 1, 2 and 3 above, the basis grievor may, within ten (10) school days following receipt of the foregoing proceduresreply in Step 3 above, notify the Association may other party in writing of its intention to submit the issue in writing matter to final and binding arbitration within fifteen (15) calendar days following arbitration. The notice shall contain the date name of the Hospital Administratorfirst party’s or designee’s response. Within appointee to an arbitration Board. b) The recipient of the notice shall, within seven (7) calendar school days, inform the other party either that it accepts the other party’s appointee as a single arbitrator or inform the other party of the name of its appointee to the arbitration Board. c) Where two appointees are so selected, they shall, within seven (7) school days of the notification that appointment of the dispute is submitted for arbitrationsecond of them, the Association shall request the Federal Mediation and Conciliation Service to supply appoint a list of eleven (11) arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains third person who shall be the arbitrator. The party chairman. d) If the recipient of the notice fails to strike appoint an arbitrator or the first name two appointees fail to agree upon a chairman within the time limit, the appointment shall be determined made by coin toss. the Ministry of Labour upon the request of either party. e) Each party may be represented at the arbitration by a representative of its choice. f) The arbitrator’s single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision shall be is final and bindingbinding upon the parties and upon any employee or employer affected by it. g) The decision of a majority is the decision of the arbitration Board, subject to limits but if there is no majority, the decision of authority stated herein. the chairman governs. h) The arbitrator or arbitration Board, as the case may be, shall have no authority not by his or power to its decision add to, delete from, disregard, modify or alter any of otherwise amend the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts . i) Each of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party parties shall bear one-half (½) the fees and expense of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident its appointee to the arbitration hearing. All other Board and shall share equally the fees and expenses of the chairman. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be borne by at a location within the party incurring them, and neither party shall be responsible for jurisdiction of the expenses of witnesses called by the other partyschool Board.

Step 4 - Arbitration. (a) If the grievance reply issued in Step 3 is not settled on unacceptable, either party may, within thirty (30) days of receiving the basis written reply, apply for arbitration and shall notify the other party in writing. The notice shall contain the name of the foregoing proceduresfirst party’s appointee to an Arbitration Board. (b) The Parties will each appoint an Arbitrator within ten (10) days after the notification from either party has been received and will promptly advise the other party of the name of their nominee. (c) The two (2) nominees will attempt to agree upon a Chair and if they cannot agree within a further fifteen (15) days, then such Chair shall be appointed by the Association may submit Minister of Labour at the issue in writing request of either party. (d) Each of the parties hereto shall bear the expenses of the nominee appointed by it and the parties shall jointly bear the expenses of the Chair. (e) The Arbitrator(s) shall not be authorized to alter, modify, or amend any part of this Agreement, nor to make any decisions inconsistent with the provisions thereof. (f) The proceedings of the Arbitration Board will be expedited by the parties hereto and the decisions of the majority of such Board will be final and binding upon the parties hereto. In the case there is no majority of the Board, then the decision of the Chair shall be similarly final and binding. (g) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of arbitration may, within fifteen (15) calendar days following of its receipt, give written notice to the date other party objecting that the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Hospital Administrator’s Agreement. In such case, the Arbitration Board shall endeavour to decide that question before dealing with the matter on its merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such case, the Arbitration Board shall reserve judgement on the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or designee’s response. Within seven (7) calendar days alleged violation of the notification that Agreement, then the dispute is submitted for arbitration, Arbitration Board shall not consider the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators matter further and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels , or the Employer’s determination is based upon bad faithUnion in the case of an Employer grievance, is arbitrary and capricious, is based on irrelevant information or favoritismshall stand. (h) Upon the mutual consent of the Parties, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall Board of Arbitration provided herein may be heard and decided substituted for by a sole Arbitrator appointed by the arbitrator in a separate proceeding prior Parties, or if they are unable to any hearing agree on the merits. Any dismissal selection of a grievance an Arbitrator, by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other partyOntario Labour Relations Board.

Step 4 - Arbitration. If the grievance decision of the Board of Education Personnel Committee is not settled on satisfactory to the basis of the foregoing proceduresAssociation, the grievance may be submitted to arbitration by written notice given by the Association may submit to the issue in writing to final and binding arbitration Committee within fifteen (15) calendar days following the date after receipt of the Hospital AdministratorCommittee’s or designee’s responsedecision. Within seven If the Committee and the Association cannot agree upon an arbitrator within five (75) calendar days after written notice, the matter will be submitted to the American Arbitration Association for settlement under their rules. The power of the notification that arbitrator shall be limited to the dispute is submitted for arbitrationinterpretation of application of the express terms of this agreement and he/she shall have no power to alter, add to, or subtract from, the Association shall request the Federal Mediation and Conciliation Service to supply a list terms of eleven (11) arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains who shall be the arbitratorthis Agreement as written. The party to strike decision of the first name shall be determined by coin toss. The arbitrator’s decision arbitrator shall be final and binding, subject to limits of authority stated hereinbinding on all parties involved. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance fees and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee expenses of the arbitrator shall be shared equally by the Board and any other expense jointly incurred by mutual agreement incident to the arbitration hearingAssociation. All other expenses shall be borne by the party incurring them, them and neither party shall be responsible for the expenses expense of witnesses called by the other partyother. Powers of the arbitrator are subject to the following limitations: a. He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. b. He shall have no power to decide any question which under this Agreement is within the authority of the Board to decide. c. He shall have no power to decide any question which under this Agreement is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. d. He shall have no power to interpret state or federal law. e. He shall not hear any grievance previously barred from the scope of the grievance procedure. f. If the Board disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine whether he has jurisdiction to act, and if he finds that he has no such power the grievance shall be referred back to the parties without decision or recommendation on its merits. g. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature. h. Where no wage loss has been caused by the action of the Board, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one. i. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than thirty (30) days prior to the date on which the grievance is filed.

Step 4 - Arbitration. (a) If the grievance reply issued in Step 3 is not settled on unacceptable, either party may, within thirty (30) days of receiving the basis written reply, apply for arbitration and shall notify the other party in writing. The notice shall contain the name of the foregoing proceduresfirst party’s appointee to an Arbitration Board. (b) The Parties will each appoint an Arbitrator within ten (10) days after the notification from either party has been received and will promptly advise the other party of the name of their nominee. (c) The two (2) nominees will attempt to agree upon a Chair and if they cannot agree within a further fifteen (15) days, then such Chair shall be appointed by the Association may submit Minister of Labour at the issue in writing request of either party. (d) Each of the parties hereto shall bear the expenses of the nominee appointed by it and the parties shall jointly bear the expenses of the Chair. (e) The Arbitrators shall not be authorized to alter, modify, or amend any part of this Agreement, nor to make any decisions inconsistent with the provisions thereof. (f) The proceedings of the Arbitration Board will be expedited by the parties hereto and the decisions of the majority of such Board will be final and binding upon the parties hereto. In the case there is no majority of the Board, then the decision of the Chair shall be similarly final and binding. (g) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of arbitration may, within fifteen (15) calendar days following of its receipt, give written notice to the date other party objecting that the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Hospital Administrator’s Agreement. In such case, the Arbitration Board shall endeavour to decide that question before dealing with the matter on its merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such case, the Arbitration Board shall reserve judgement on the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or designee’s response. Within seven (7) calendar days alleged violation of the notification that Agreement, then the dispute is submitted for arbitration, Arbitration Board shall not consider the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators matter further and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels , or the Employer’s determination is based upon bad faithUnion in the case of an Employer grievance, is arbitrary and capricious, is based on irrelevant information or favoritismshall stand. (h) Upon the mutual consent of the Parties, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall Board of Arbitration provided herein may be heard and decided substituted for by a sole Arbitrator appointed by the arbitrator in a separate proceeding prior Parties, or if they are unable to any hearing agree on the merits. Any dismissal selection of a grievance an Arbitrator, by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other partyOntario Labour Relations Board.

Step 4 - Arbitration. If a) After having exhausted the grievance is not settled on Grievance Procedure in Steps 1, 2 and 3 above, the basis grievor may, within ten (10) school days following receipt of the foregoing proceduresreply in Step 3 above, notify the Association may other party in writing of its intention to submit the issue in writing matter to final and binding arbitration within fifteen (15) calendar days following arbitration. The notice shall contain the date name of the Hospital Administrator’s or designee’s response. Within first party's appointee to an arbitration board. b) The recipient of the notice shall, within seven (7) calendar school days, inform the other party either that it accepts the other party's appointee or suggest an alternate appointee as a single arbitrator or inform the other party of the name of its appointee to an arbitration board. c) Where two appointees are so selected, they shall, within seven (7) school days of the notification that appointment of the dispute is submitted for arbitrationsecond of them, the Association shall request the Federal Mediation and Conciliation Service to supply appoint a list of eleven (11) arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains third person who shall be the arbitrator. The party chairperson. d) If the recipient of the notice fails to strike appoint an arbitrator or the first name two appointees fail to agree upon a chairperson within the time limit, the appointment shall be determined made by coin toss. the Minister upon the request of either party. e) Each party may be represented at the arbitration by a representative of its choice. f) The arbitrator’s single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision shall be is final and bindingbinding upon the parties and upon any employee or employer affected by it. g) The decision of a majority is the decision of the arbitration board, subject to limits but if there is no majority, the decision of authority stated herein. the chairperson governs. h) The arbitrator or arbitration board, as the case may be, shall have no authority not by his/her or power to its decision add to, delete from, disregardmodify, or alter any of otherwise amend the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts agreement. i) Each of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party parties shall bear one-half (½) the fees and expenses of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident its appointee to the arbitration hearing. All other board and shall share equally the fees and expenses of the chairperson. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be borne by at a location within the party incurring them, and neither party shall be responsible for jurisdiction of the expenses of witnesses called by the other partyschool board.

Step 4 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, and if the Association grievant and the Union have complied with the specific time limitations specified in Steps 1, 2, 3 and 4 herein, the Union may submit the issue in writing to final and binding arbitration within fifteen fourteen (1514) calendar days following the date receipt of the Hospital Administrator’s written reply from the Director of Employee and Labor Relations or designee’s response. Within seven (7) calendar days of the After notification that the dispute is submitted for arbitration, the Association shall request arbitrator will be determined from the Federal Mediation and Conciliation Service to supply a list listing of eleven (11) arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains who shall be the arbitratorlisted below. The party first arbitration case (under this Agreement) will be assigned to strike the first name shall arbitrator identified below. Thereafter, each arbitration case will be determined by coin tossassigned on a rotating basis to the next arbitrator appearing on the list. In the event of unavailability of an arbitrator to hear a case, the next arbitrator will be promptly notified of the request for hearing. The arbitrator’s parties have agreed to the following permanent panel of arbitrators: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ 13.4.1 The Arbitrator's decision shall be final and bindingbinding on all parties, subject to limits of authority stated hereinthe following terms and conditions. The arbitrator Arbitrator shall have no authority or power to add to, delete subtract from, disregard, or alter any of otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find Arbitrator finds that the Employer was not prohibited limited by this Agreement from taking, or not taking, taking the action grieved, he or she the Arbitrator shall have no authority to change or restrict limit the Employer’s action. The arbitrator 's action and shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute 's so long as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the meritsthat judgment was reasonably exercised. Any dismissal of a grievance by the arbitratorArbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee . 13.4.2 The cost of the arbitrator (arbitrators fees and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses expenses) shall be borne by the party incurring themwhose position in the dispute is not upheld by the arbitrators decision. 13.4.3 Except where specifically provided elsewhere in this Agreement, and neither party shall be responsible for required during the expenses term of witnesses called by this Agreement to provide the other partyparty with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.4 below. If necessary, the Arbitrator shall resolve discovery rights of the parties as to grievances submitted to arbitration.

Step 4 - Arbitration. (a) If a settlement is not reached through the above proceedings, the Union (in the case of a Union grievance) or the Employer (in the case of an Employer grievance) may refer the grievance is not settled on to an Arbitration Board by providing the basis of the foregoing procedures, the Association may submit the issue other party notice in writing to final and binding arbitration within fifteen twenty-one (1521) calendar days following of receiving the date written response at Step 3. (b) Either of the Hospital Administrator’s or designee’s responseparties shall notify the other party in writing of its desire to submit the grievance to Arbitration, and the notice shall contain a statement of that grievance ipient of the notice shall, within fourteen (14) calendar days inform the other party of the name of its appointee to the Arbitration Board. Within seven The two appointees so selected shall, within fourteen (714) calendar days of the notification that appointment to the dispute is submitted for arbitrationsecond of them, the Association shall request the Federal Mediation and Conciliation Service to supply appoint a list of eleven (11) arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains third person who shall be the arbitratorChairperson. (c) If the recipient of the notice in (a) and (b) above fails to appoint a nominee within the time limit indicated, the appointment shall be made by the Director of Mediation Services upon the request of either party. If the two nominees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Director of Mediation Services upon the request of either party. (d) The Arbitration Board shall hear and determine the difference and shall issue an award in writing, and the decision is final and binding upon the parties and upon the Employee(s) affected by it. The party to strike decision of the first name majority of the Board is the award of the Arbitration Board. When there is no majority decision, the decision of the Chair shall be determined the decision of the Board. (e) The parties may by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of mutual agreement elect Arbitration by a single Arbitrator under the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this AgreementAlberta Labour Relations Code. If the arbitrator should find that the Employer was not prohibited parties are unable to mutually agree to finalization by this Agreement from taking, or not takinga single Arbitrator, the action grievedgrievance shall be settled by a Grievance Arbitration Board as provided for above. (f) Each party to the difference shall bear the expense of its respective nominee to the Arbitration Board, he and the two (2) parties shall bear equally the expenses of the Chairperson. (g) The Arbitration Board or she Arbitrator shall expressly confine itself in its award to the precise issue submitted to it and shall have no authority to change or restrict the Employer’s action. make a decision on any other issue not submitted to it. (h) The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance power and substitute his or her own judgment or determination for that decisions of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information Arbitration Board or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure Arbitrator shall be heard and decided by in accordance with the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) applicable provisions of the fee Alberta Labour Relations Code. (i) Procedures as stipulated in this Article may be varied only by written agreement of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other partyparties.